The Vertical Horizontal Dichotomy in Competition Law: Some Reflections with Regard to Dual Distribution and Private Labels

PRIVATE LABELS, BRANDS AND COMPETITION POLICY, Ariel Ezrachi & Ulf Bernitz, (eds.), pp. 161-186, Oxford University Press, Oxford, 2009

26 Pages Posted: 8 May 2009  

Ioannis Lianos

University College London - Faculty of Laws; HSE-Skolkovo Laboratory for Law and Development

Date Written: May 5, 2009

Abstract

The vertical/horizontal distinction is an important feature of modern competition law.This paper will first examine the genealogy of the vertical/horizontal dichotomy in the United States (US) and in European Communities (EC) competition law. It will then analyse the application of the dichotomy in situations of hybrid practices, dual distribution practices, and private labels, where the relation between the supplier and the distributor presents a vertical and a horizontal dimension. The vertical/horizontal dichotomy may find its limits in these situations. After highlighting the reasons and distinct principles that led to the formulation of these specific categories, the study will delve into the utility of the vertical/ horizontal dichotomy and will suggest alternative interpretations of these categories which are both analytically rigorous and consistent with the objectives of EC competition law.

Keywords: distribution, competition, antitrust, dual distribution, private labels, vertical restraints

JEL Classification: K21, L42

Suggested Citation

Lianos, Ioannis, The Vertical Horizontal Dichotomy in Competition Law: Some Reflections with Regard to Dual Distribution and Private Labels (May 5, 2009). PRIVATE LABELS, BRANDS AND COMPETITION POLICY, Ariel Ezrachi & Ulf Bernitz, (eds.), pp. 161-186, Oxford University Press, Oxford, 2009 . Available at SSRN: https://ssrn.com/abstract=1399687

Ioannis Lianos (Contact Author)

University College London - Faculty of Laws ( email )

London
United Kingdom

HSE-Skolkovo Laboratory for Law and Development ( email )

8 Pokrovski Boulevard
Moscow, 109028
Russia

Paper statistics

Downloads
513
Rank
42,796
Abstract Views
1,844